The Crime of False Declarations: Understanding Your Position

Finding yourself involved in criminal proceedings accused of making false or mendacious statements is a cause for deep concern. Whether it's an inaccurate self-certification, statements made to a public official, or documentation submitted in a corporate context, the legal consequences can significantly impact personal and professional life. As an expert criminal lawyer in Milan, Avv. Marco Bianucci understands the disorientation that accompanies these accusations and approaches each case with the utmost seriousness, offering a clear and objective analysis of the situation.

The Regulatory Framework and Cassation Ruling 28158/2019

Our legal system severely punishes those who attest to falsehoods. Crimes of forgery are mainly distinguished between material forgery, where the document is altered or counterfeited, and ideological forgery, where the document is genuine but its content does not correspond to the truth. The complexity of these crimes often lies in identifying the psychological element, namely intent: the awareness and will to declare falsely.

In this context, the jurisprudence of the Supreme Court plays a fundamental role in interpreting the law. The ruling of the Court of Cassation number 28158 of 2019 addressed a crucial issue concerning responsibility in the preparation of false statements. The Court reiterated essential principles regarding complicity in the crime, clarifying the boundaries of criminal liability not only for those who physically sign the mendacious statement but also for those who, in various capacities, consciously contribute to its drafting or instigate the perpetrator to commit the offense. Understanding the details of such rulings is essential for building a solid defense strategy.

The Bianucci Law Firm's Approach

Facing an accusation of forgery requires a meticulous analysis of the investigative acts and the context in which the contested statement was made. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a thorough study of the documentation and an accurate reconstruction of the facts. The primary objective is to verify the actual existence of all the constituent elements of the crime, with particular attention to intent, ascertaining whether the inaccuracy could stem from a mere material error or a misinterpretation of reality, thereby excluding the intent to deceive.

The Bianucci Law Firm does not limit itself to a standardized defense but develops a tailored strategy for each client. From the preliminary investigation phase up to any potential trial, every step is shared and explained clearly, ensuring that the client is always fully aware of the legal options available and the possible developments of the criminal proceedings.

Frequently Asked Questions

What are the risks for a false declaration to a public official?

The criminal code provides for severe penalties for those who declare falsely to a public official, which may include imprisonment. The severity of the sanction depends on the nature of the declaration, the context in which it was made, and the consequences that resulted from it. It is crucial to immediately review the acts with a professional to understand the actual scope of the accusation.

Is it possible to avoid conviction if I made a false statement by mistake?

Yes, the crime of forgery generally requires intent, meaning the conscious will to declare something untrue. If it can be proven in court that the inaccurate statement is the result of an oversight, a misunderstanding, or a lack of correct information at the time of drafting, it is possible to aim for acquittal due to the absence of the psychological element of the crime.

What exactly does Cassation Ruling 28158 of 2019 establish?

This specific ruling by the Supreme Court focuses on the aspects of responsibility related to the preparation of false documents, clarifying how complicity in the crime can also be established for individuals other than the one who physically signs. The ruling helps to delineate individual responsibilities in complex contexts, such as corporate or professional settings, where multiple individuals are involved in the creation of a document.

Protect Your Rights: Request a Legal Consultation

Accusations related to forgery crimes require promptness and a deep knowledge of criminal law. Relying on qualified advice from the earliest stages of the investigation is the first step towards establishing an effective defense. Contact Avv. Marco Bianucci at the Bianucci Law Firm at via Alberto da Giussano 26 in Milan to schedule an initial consultation. During the meeting, the details of the case will be analyzed to clearly outline the legal framework and the most appropriate defense strategies to protect your position.